Enrolled SB 149: Relating to redistribution of used eyeglasses and to the Board of Dispensing Opticians.
00Enrolled SB 149 01 Relating to redistribution of used eyeglasses and to the Board of Dispensing Opticians. 02 _______________ 03 * Section 1. AS 08.71.055 is amended to read: 04 Sec. 08.71.055. Powers and duties. The department [BOARD] shall have the 05 following powers and duties: 06 (1) to issue licenses to applicants; 07 (2) to renew licenses; 08 (3) to hold hearings and order disciplinary sanctions against a person 09 who violates this chapter or the regulations of the department [BOARD]; 10 (4) to supply forms for applications, licenses, and other needed 11 documents; 12 (5) to keep a record of all proceedings open to the public, including the 13 name of each license applicant and each licensee;
01 (6) to approve nonprofit organizations for the distribution and 02 fitting of used eyeglasses; 03 (7) [(6)] to enforce the provisions of this chapter and adopt or amend 04 regulations necessary to make these provisions effective. 05 * Sec. 2. AS 08.71.230 is amended to read: 06 Sec. 08.71.230. Exemptions from and limitations on the application of this 07 chapter. This chapter may not be construed to 08 (1) limit or restrict a licensed physician or optometrist from the 09 practices enumerated in this chapter, and each licensed physician and optometrist has 10 all the rights and privileges that [WHICH] may accrue under this chapter to 11 dispensing opticians licensed under it; 12 (2) prohibit an unlicensed person from performing mechanical work 13 upon inert matter in an optical office, laboratory, or shop; 14 (3) prohibit an unlicensed person from engaging in the sale of 15 eyeglasses, spectacles, magnifying glasses, goggles, sunglasses, telescopes, 16 binoculars, or any like articles that [WHICH] are completely preassembled and sold 17 only as merchandise; 18 (4) authorize or permit a licensee under this chapter to hold out as 19 being able to, or to offer to, or to attempt by any means, to refract or exercise eyes, 20 diagnose, treat, correct, relieve, operate, or prescribe for any human ailment, 21 deficiency, deformity, disease, or injury; 22 (5) limit the authority of a nonprofit organization approved by the 23 department to distribute and fit used eyeglasses if the eyeglasses are distributed 24 and fitted free of charge and the fitting of the eyeglasses conforms, to the extent 25 possible, with a written prescription from a licensed physician or optometrist. 26 * Sec. 3. AS 09.65 is amended by adding a new section to read: 27 Sec. 09.65.305. Immunity for distributing free recycled used eyeglasses. A 28 nonprofit organization approved by the department is not liable for distributing 29 recycled used eyeglasses if 30 (1) the eyeglasses are distributed and fitted free of charge and the 31 fitting conforms, to the extent possible, with a written prescription from a licensed
01 physician or optometrist; and 02 (2) the organization obtains informed consent from the person 03 receiving the eyeglasses and provides the person receiving the eyeglasses advance 04 written notice of the immunity provided under this section. 05 * Sec. 4. AS 08.01.010(16), 08.01.050(d)(3); AS 08.03.010(c)(9); AS 08.71.010, 08.71.020, 06 08.71.040, 08.71.240(1); and AS 44.62.330(a)(22) are repealed. 07 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 REVISOR'S INSTRUCTION. In the following statute sections, the revisor of statutes 10 shall substitute the word "department" for "board": AS 08.71.080, 08.71.090, 08.71.110, 11 08.71.130, 08.71.145, 08.71.160, and 08.71.170.